2015 ORS 144.110¹
Restriction on parole of persons sentenced to minimum terms

(1) In any felony case, the court may impose a minimum term of imprisonment of up to one-half of the sentence it imposes.

(2) Notwithstanding the provisions of ORS 144.120 (Initial parole hearing) and 144.780 (Rules on duration of imprisonment):

(a) The State Board of Parole and Post-Prison Supervision shall not release a prisoner on parole who has been sentenced under subsection (1) of this section until the minimum term has been served, except upon affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members.

(b) The board shall not release a prisoner on parole:

(A) Who has been convicted of murder defined as aggravated murder under the provisions of ORS 163.095 ("Aggravated murder" defined), except as provided in ORS 163.105 (Sentencing options for aggravated murder); or

(B) Who has been convicted of murder under the provisions of ORS 163.115 (Murder), except as provided in ORS 163.115 (Murder) (5)(c) to (f) or 163.155 (Sentencing for murder of pregnant victim) (6) to (8). [1977 c.372 §4; 1991 c.126 §5; 1999 c.782 §1; 2001 c.104 §47; 2007 c.717 §3; 2015 c.820 §43]

Note: Section 28, chapter 790, Oregon Laws 1989, provides:

Sec. 28. The provisions of ORS 144.110 (Restriction on parole of persons sentenced to minimum terms), 144.120 (Initial parole hearing), 144.122 (Advancing initial release date), 144.125 (Review of parole plan, psychological reports and conduct prior to release), 144.130 (Prisoner to have access to written materials considered at hearings or interviews), 144.135 (Bases of parole decisions to be in writing), 144.185 (Records and information available to board), 144.223 (Examination by psychiatrist or psychologist of parole candidate), 144.245 (Date of release on parole) and 144.270 (Conditions of parole) apply only to offenders convicted of a crime committed prior to November 1, 1989, and to offenders convicted of aggravated murder or murder regardless of the date of the crime. [1989 c.790 §28; 1999 c.782 §2]

Notes of Decisions

This sec­tion does not apply to sen­tences imposed for crimes committed before its effective date. State v. Bussey, 34 Or App 535, 579 P2d 264 (1978)

Where crimes were committed prior to effective date of this sec­tion, imposi­tion of min­i­mum sen­tence was improper. State v. Jacobs, 34 Or App 755, 579 P2d 881 (1978), Sup Ct review denied

Sentencing court's recommenda­tion that defendant not be paroled did not constitute imposi­tion of min­i­mum sen­tence. State v. Mitchell, 35 Or App 809, 583 P2d 14 (1978), Sup Ct review denied

This sec­tion is not applicable to crimes committed before effective date. State v. Gale, 36 Or App 275, 583 P2d 1169 (1978)

Circuit court was within its authority under this sec­tion in imposing ten-year min­i­mum sen­tence in case where defendant was convicted of mur­der and sen­tenced to life im­pris­on­­ment pursuant to ORS 163.115 (Murder). State v. Segner, 42 Or App 397, 600 P2d 916 (1979), Sup Ct review denied

Court of Appeals has jurisdic­tion to review orders pursuant to this sec­tion setting release dates. Harris v. Board of Parole, 288 Or 495, 605 P2d 1181 (1980)

There is no conflict between this sec­tion and ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) (min­i­mum sen­tence for com­mis­sion of crime with firearm) and imposi­tion of min­i­mum 10 year sen­tence under this sec­tion and concurrent min­i­mum 5 year sen­tence under ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) was proper. State v. Warner, 52 Or App 987, 630 P2d 385 (1981), Sup Ct review denied

Where defendant was convicted on two charges of robbery in the first de­gree and one charge of at­tempted mur­der, was found by trial court to be a "dangerous offender" pursuant to ORS 161.725 (Standards for sentencing of dangerous offenders) and was sen­tenced under that statute to consecutive max­i­mum terms of 30 years on each con­vic­­tion, trial court did not err in imposing three consecutive min­i­mum terms of 15 years. State v. Holmes, 62 Or App 652, 661 P2d 556 (1983), Sup Ct review denied

Authority of court to impose min­i­mum term is not applicable to life sen­tence. State v. Macy, 295 Or 738, 671 P2d 92 (1983)

This sec­tion and 161.610 (Enhanced penalty for use of firearm during commission of felony) are intended to operate together and court may not impose consecutive min­i­mum sen­tences under the two sec­tions. State v. Walker, 68 Or App 561, 683 P2d 1006 (1984)

Argu­ment that this sec­tion was violative of Oregon and U.S. Constitu­tions because dispropor­tionate to of­fense committed was without merit. State v. Downs, 69 Or App 556, 686 P2d 1041 (1984)

This statute provides authority for trial court to impose min­i­mum term of im­pris­on­­ment of up to one-half sen­tence imposed pursuant to ORS 161.725 (Standards for sentencing of dangerous offenders), dangerous offender statute. State v. Turner, 296 Or 451, 676 P2d 873 (1984)

Mandatory min­i­mum sen­tences for burglary, kidnapping and at­tempted rape are not dispropor­tionate under Article I, sec­tion 16 of the Oregon Constitu­tion. State v. Turner, 296 Or 451, 676 P2d 873 (1984)

This sec­tion authorizes trial court to impose min­i­mum term of im­pris­on­­ment of up to one-half of sen­tence it imposes and is inapplicable when defendant receives life sen­tence. State v. McCormick, 80 Or App 191, 721 P2d 471, Sup Ct review denied (1986)

Mandatory min­i­mum sen­tence under this sec­tion is not reduced for statutory good time in same way min­i­mum sen­tence for use of firearm in com­mis­sion of felony under ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) is reduced for statutory good time. Watts v. Maass, 88 Or App 317, 746 P2d 220 (1987)

Failure of counsel to advise crim­i­nal defendant of possibility of min­i­mum sen­tence prior to defendant's guilty plea is inadequate assistance of counsel under Article I, sec­tion 11, of Oregon Constitu­tion and is a substantial denial of constitu­tional right. Hartzog v. Keeney, 304 Or 57, 742 P2d 600 (1987), as modified by Moen v. Peterson, 312 Or 503, 824 P2d 404 (1991)

Board of Parole had authority to override only one of peti­tioner's min­i­mum sen­tences. Allbee v. State Board of Parole, 99 Or App 201, 781 P2d 873 (1989), Sup Ct review denied

If sen­tences are ordered to be served consecutively, min­i­mum term of im­pris­on­­ment on each sen­tence must be served before defendant is entitled to parole. State v. Duran, 108 Or App 220, 814 P2d 181 (1991)

Minimum term is part of sen­tence and automatically concurrent or consecutive depending on sen­tence to which it relates. State v. Duran, 108 Or App 220, 814 P2d 181 (1991)

Although trial counsel's failure to advise crim­i­nal defendant of possibility of min­i­mum sen­tence under this sec­tion before entry of guilty plea may constitute ineffective assistance of counsel under Art. I, sec. 11 of Oregon Constitu­tion where peti­tioner for post-con­vic­­tion relief did not raise issue in first post-con­vic­­tion hearing, he could not attack underlying con­vic­­tion on that basis in sec­ond post-con­vic­­tion hearing. Martz v. Maass, 110 Or App 391, 822 P2d 750 (1991), Sup Ct review denied

In post-con­vic­­tion pro­ceed­ing claiming inadequate assistance of counsel, peti­tioner must show by preponderance of evidence that, had counsel informed him of possibility of min­i­mum sen­tence, or had he otherwise been aware of it, he would not have pleaded no contest. Moen v. Peterson, 312 Or 503, 824 P2d 404 (1991)

Even if peti­tioner obtained psychological exam or treat­ment and could show he no longer suffers from dangerous condi­tion, he still is not eligible for parole until he serves min­i­mum sen­tence of dangerous offender sen­tence imposed to run concurrently with shorter robbery sen­tence. Sager v. Board of Parole, 121 Or App 607, 856 P2d 329 (1993), Sup Ct review denied

Where board votes to sustain min­i­mum sen­tence of dangerous offender found to be in remission, parole considera­tion hearing date re­quired by ORS 144.228 (Periodic parole consideration hearings for dangerous offenders) becomes parole release date. Smith v. Board of Parole, 126 Or App 563, 869 P2d 878 (1994)

Prohibi­tion on releasing per­son convicted of ag­gra­vat­ed mur­der on parole is not applicable to juvenile convicted of ag­gra­vat­ed mur­der because juvenile convicted of ag­gra­vat­ed mur­der is sen­tenced to indeterminate period of time. State ex rel Engweiler v. Felton, 350 Or 592, 260 P3d 448 (2011)

Law Review Cita­tions

55 OLR 303-347 (1976)

Chapter 144

Notes of Decisions

Under rules of State Board of Parole, board could not in determining history/risk score, consider juvenile adjudica­tions that had been expunged pursuant to [former] ORS 419.800 to 419.839, even if prisoner admits to board that they occurred. West v. Board of Parole, 86 Or App 616, 739 P2d 1096 (1987)

Law Review Cita­tions

53 OLR 32, 67-79 (1973)


1 Legislative Counsel Committee, CHAPTER 144—Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors144.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 144, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano144.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.